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jgordosea, Enrolled Agent

Category: Tax

Satisfied Customers: 3128

Experience: I've prepared all types of taxes since 1987.

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My brother and I bought a condo together but his name went

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My brother and I bought a condo together but his name went on the deed alone because he needed to do a 1031 exchange selling another property, and with that money he bought 2 more properties including this condo that I live in (he paid 20k and I put in 35k for this condo). Also at the time I was unemployed and waiting to be eligible for disability. Now we both want to get rid of it. If I buy him out does he still pay captial gains for this property or will I have to pay those captial gains?

When two or more owners each have a partial interest in a property each of the owners is responsible for the tax on their own gain.

If one of the owners buys out the other then the one that is selling has to compute the gain or loss on the buyout. For example, if the cost was 20K and that owner id bought out for 30K then there is a 10K gain. The buyer of that interest for 30K would add that 30K cost to their intital cost and use the total cost to figure their gain on a later sale.

For family members and related parties additional rules reqire that the sale be at fair market value so that a brother could not claim a loss or avoid tax on their part of the gain by the sister selling at less than the value.

I hope this helps to know that each owner must pay the tax on their portion, if any, and the one that buys out another adds that cost to use as part of their basis to figure gain.

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. OrvilleHesperia, California

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